Texas Penal Code - Section 42.04. Defense When Conduct Consists Of Speech Or Other Expression
Legal Research Home >
Texas Lawyer > Penal Code > Texas Penal Code - Section 42.04. Defense When Conduct Consists Of Speech Or Other Expression
§ 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER
EXPRESSION. (a) If conduct that would otherwise violate Section
42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway),
or 42.055 (Funeral Service Disruptions) consists of speech or other
communication, of gathering with others to hear or observe such
speech or communication, or of gathering with others to picket or
otherwise express in a nonviolent manner a position on social,
economic, political, or religious questions, the actor must be
ordered to move, disperse, or otherwise remedy the violation prior
to his arrest if he has not yet intentionally harmed the interests
of others which those sections seek to protect.
(b) The order required by this section may be given by a
peace officer, a fireman, a person with authority to control the use
of the premises, or any person directly affected by the violation.
(c) It is a defense to prosecution under Section
42.01(a)(5), 42.03, or 42.055:
(1) that in circumstances in which this section
requires an order no order was given;
(2) that an order, if given, was manifestly
unreasonable in scope; or
(3) that an order, if given, was promptly obeyed.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2006, 79th Leg., 3rd C.S., ch. 2, § 2, eff. May 19,
2006.
Section: 39.03 39.04 39.05 39.06 42.01 42.02 42.03 42.04 42.05 42.055 42.06 42.061 42.062 42.07 42.072
Last modified: August 11, 2007
|
